I take a slightly different view from the hon. Member for New Forest, West (Mr. Swayne). He is right to say that it is unfortunate that protection against discrimination in terms of goods and services was introduced as an enabling power rather than being set out fully, as is religious and faith discrimination in part 2. Part 3 should have been equally comprehensive. Nevertheless, it is better to have a provision to deal with discrimination in regard to goods and services on grounds of sexual orientation than to have no such provision, which is what was on offer.
I congratulate the Government on having listened to what was said in the House of Lords, which is where the Bill started out with no reference to discrimination on grounds of sexual orientation. In an equality Bill, that was a grave omission, and I am very glad that that vital correction has been made. It will be appreciated by thousands of my constituents, and it represents almost the last step taken over the past eight years towards fulfilling the political agenda of the lesbian, gay, bisexual and transgender community—the removal of elements of discrimination from our law. That began with the repeal of section 28—an example of pure homophobia left to us by the last Government—and continued with equalisation of the age of consent, access to the armed forces for gays and lesbians and the Civil Partnership Act 2004. Now the Government have dealt with goods and services, the one outstanding area of discrimination and prejudice.
One issue is still to be dealt with, but the Bill is not the right vehicle. We need to deal with homophobia, and incitement to hatred on the basis of sexual orientation. I am glad that we are not faced with that complication, because it is difficult enough for us to deal with incitement to religious hatred. We need to get that straight before we approach the subject of homophobia.
Let me return to what was said by the hon. Member for New Forest, West. I agree with him that we must be careful to avoid an internal inequality. I hope that the Minister will be able to assure us that the orders for which part 3 provides will be no less rigorous than part 3 itself, and that they will be implemented at the same time as part 2. Otherwise, there would be discrimination. It worries me slightly that the Bill contains no commencement date, and I hope that the Minister will give us some idea of the Government’s thinking. The Bill is, after all, an interim measure pending a single equalities Bill that will have all the bells and whistles and will represent legislative perfection. Until that Bill is before us, we need protection on the statute book, and we need it as quickly as possible.
Having listened to the hon. Member for New Forest, West, I am sure that there will be a desire for many exceptions in some quarters, especially faith-based organisations. That is to be expected. I agree with Stonewall, however, that there is no case for any exemptions under part 3.
Equality Bill [Lords]
Proceeding contribution from
Desmond Turner
(Labour)
in the House of Commons on Monday, 21 November 2005.
It occurred during Debate on bills on Equality Bill (HL).
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2005-06Chamber / Committee
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